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How do you prove land use consistency?

On Behalf of | Aug 24, 2019 | Land Use and Zoning | 0 comments

In the state of Florida, applying for a zoning permit requires that you are able to prove consistent land use. Land use consistency is a criterion that the government uses to ensure that you are using a property for the reasons you stated when obtaining any permits. Proving that you are not in violation of land use consistency protocols seems like it should not be hard to do, but it can at times be more complex than you would expect at a first glance.

The 45 day rule

 The Florida Statutes state that at the time you file your zoning application, you must include a statement of consistency with any applicable ordinances, and also state your plan for how you will be using the land you plan to develop. There is then a time period of 45 days during which you can expect to hear back as to whether the government deems your development to be consistent with your originally stated plans and any applicable ordinance.

However, if your project is found to have any inconsistencies, you may still address any inconsistencies that are called out. This also happens within a time window of 45 days from when you apply to your local government.

If you are able to remedy the inconsistencies, it is still possible that you can get your zoning approved. Just be aware that doing so may require substantial knowledge about the state’s zoning laws and ordinances.

This is an informative article that should not be construed as legal advice.